Sexual Harassment and Human Rights Law:

The Ontario Human Rights Code is our provincial human rights law that deals with discrimination. This law says that sexual harassment is a form of discrimination.

(Ontario also has workplace safety laws that deal with sexual harassment specifically in the workplace. For more information about sexual harassment in the workplace, see our article: Sexual Harassment and the Law: Workplace Sexual Harassment).

What is Discrimination?

Discrimination is treating a person or group in a way that has a negative effect, because of their sex, race, age, disability or other personal characteristics.

The Ontario Human Rights Code protects people in Ontario against discrimination in the following areas:

In the workplace

In housing (for example, when you are renting an apartment)

When you are receiving goods, services or using certain facilities (for example, in university or when you are eating at a restaurant)

When you enter into a contract

when you are a member of a professional association or union

What is Sexual Harassment?

Under The Ontario Human Rights Code, sexual harassment is considered to be discrimination based on sex.

Harassment means comments or actions that are not welcome or should be known to be unwelcome. It includes behavior that offends, insults or humiliates you. Harassment is often a pattern of behaviour that occurs over a period of time, but can also be a serious one-time incident.

Sexual harassment is harassment that is based on your sex, sexual orientation, gender identity or gender expression. when it happens in situations where the Ontario Human Rights Code applies. For example, it can include:

unwanted touching

asking for sex in exchange for something, like a job promotion.

asking for dates and not taking “no” for an answer

making insulting comments that stereotype girls, women, boys or men

posting or sharing sexual pictures (including online)

making sexual jokes

bullying someone based on their sex or gender

spreading sexual rumours or gossip (including online).

Gender-based harassment:

One type of sexual harassment is gender-based harassment.

Sexual harassment does not always have to be sexual. It can include comments or behaviour that forces people to fit into traditional gender and sex stereotypes. It includes unwanted comments/acts directed at women just because they are women or directed at a person because of their sexual orientation or gender identity/expression. This is called gender-based harassment. It is a type of sexual harassment.

For example, a teacher telling a female student to wear skirts more often, or a co-worker calling a transgender employee a “freak” is gender-based harassment.

Sexual Assault:

Some types of sexual harassment can be a crime under the Criminal Code. Sexual assault is an extreme form of sexual harassment.

Sexual assault is any unwanted physical contact of a sexual nature. This also includes attempts and threats of sexual assault. It includes anything from unwanted kissing to unwanted sex (vaginal, anal, or oral) Sexual assault does not need to result in any physical injury. If someone uses force, threats, or intimidation, or coercion to make you do something sexual that you do not want to do it, it is also sexual assault.

Sexual Assault is a crime. This means that a person can be arrested, charged, and jailed if they commit sexual assault. There is no time limit to make a complaint to the police for sexual assault.

Stalking:

Stalking can also be another form of sexual harassment and also a crime under the Criminal Code of Canada Stalking is when one person knows or should know they are scaring and making someone else feel unsafe with repeated, unwanted contact, communication, or actions

These behaviours are known as “criminal harassment” under the Criminal Code.

It is a crime for someone to repeatedly:

Follow you or someone you know from one place to the next. He/she cannot follow you around in a car, on foot, or by any other method if it causes you to reasonably fear for your safety.

Try to communicate with you or someone you know. He/she cannot email, fax, telephone, talk to you in person, text, mail, leave notes, or use any other method to try and reach you if it causes you to reasonably fear for your safety.

Watch your home, workplace, or anywhere you may happen to be. He/she cannot keep watch over your home, place of work, or where you are if it causes you to reasonably fear for your safety.

At any time act in a way that threatens you or anyone in your family. He/she cannot do anything that intimidates you or causes you to reasonably fear for your safety.

Who is most at risk of sexual harassment?

But it happens to women more often than men. Immigrant women, women working in rural or remote settings, and women engaged in temporary work may be at greater risk of experiencing sexual harassment. This is because they may not know their legal rights, may not have access to getting legal help, or may fear that they will be fired if they report the harassment. Younger women between the ages of 15 to 24, women with disabilities, women with diverse sexual and gender identities and indigenous women are also at greater risk of sexual harassment.

What are the effects of sexual harassment?

Sexual and gender-based harassment can have many psychological and/or emotional effects.

You may feel:

ashamed, angry or guilty

confused or out of control

worthless

unattractive

stressed (sick, tired, headaches, eating problems)

anxious or depressed (very sad)

afraid

not comfortable when alone

Always remember that sexual harassment is not your fault.

Get support and talk to someone you trust. Call the Assaulted Women’s Helpline at 1-866-863-0511 to speak to a trained counselor who can provide support and information.

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Information on OWJN is not legal advice

OWJN contains general legal information only. OWJN does not give legal advice. If you need legal advice, you should contact a lawyer, who can help you make decisions about your legal rights. You may be eligible for legal advice from a community Legal Aid clinic.